Decree No. 48/2008/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs

DECREE

Regulations on the functions, tasks, powers, and organizational structure of the Ministry of Interior

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Considering the proposal of the Minister of the Ministry of Interior.

DECREE:

Article 1. Position and Functions

The Ministry of Interior is an agency of the Government, performing state management functions over administrative organizations, public service organizations; local administration, administrative boundaries; civil servants, public officials, and state employees; associations, non-governmental organizations; commendation and reward; religion; confidential communications; state archives and state management of public services under the jurisdiction of the Ministry as prescribed by law.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Ministry of Interior performs the tasks and powers as stipulated in Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, draft resolutions and decrees of the Government according to the annual legislative program of the Ministry that has been approved, and projects and programs assigned by the Government and the Prime Minister.

2. Submit to the Prime Minister strategies, plans, long-term, five-year, and annual development plans, important national projects and works, and draft decisions and directives of the Prime Minister within the scope of the Ministry's state management.

3. Issuing decisions, directives, circulars within the scope of the Ministry's state management.

4. Direct, guide, inspect, and be responsible for organizing the implementation of normative legal documents, strategies, plans already issued or approved within the scope of the Ministry's state management; disseminate information, promote, and educate the law within the scope of the Ministry's state management.

5. On administrative organization and public institutions:

a) Submit to the Government proposals on the organizational structure of the Government during the term of the National Assembly; proposals and draft decrees of the Government on establishing new, merging, consolidating, dividing, dissolving Ministries, ministerial-level agencies, and government agencies; draft decrees specifying the organization of specialized agencies under People's Committees; draft decrees specifying the delegation of management of administrative and public service organizations;

b) Review draft decrees of the Government on the functions, tasks, powers, and organizational structures of Ministries, ministerial-level agencies, and government agencies; review proposals on establishing, merging, dissolving, and reorganizing general bureaus and equivalent bodies submitted by Ministries and ministerial-level agencies to the Government; review draft decisions of the Prime Minister on the functions, tasks, powers, and organizational structures of general bureaus and equivalent bodies under Ministries and ministerial-level agencies; review proposals and draft decisions of the Prime Minister on establishing, merging, dissolving, and reorganizing administrative and public service organizations and inter-ministerial advisory and coordination organizations submitted by Ministries, ministerial-level agencies, and provincial and centrally-administered city People's Committees to the Prime Minister;

c) Take the lead in coordinating with the Office of the Government and Ministries, ministerial-level agencies, and government agencies to review final drafts of decrees of the Government on the functions, tasks, powers, and organizational structures of Ministries, ministerial-level agencies, and government agencies before submitting them to the Prime Minister for signature and issuance;

d) Guide common criteria for classifying and ranking administrative and public service organizations as prescribed by law.

d) Coordinate with sector-managing Ministries to issue regulations guiding the functions, tasks, powers, and organization of specialized agencies under People's Committees;

e) Guide and inspect the review of the functions, tasks, and powers of Ministries, ministerial-level agencies, and government agencies; compile and report to the Government for decision-making on adjustments to the functions, tasks, powers, and organizational structures of Ministries, ministerial-level agencies, and government agencies.

6. On local administration:

a) Submit to the Government regulations on: classification of administrative units at all levels; establishment of new, merging, dividing, adjusting boundaries, renaming administrative units at all levels; establishment of new, renaming, merging, dividing, dissolving special administrative-economic zones directly under the central government; policies for village-level cadres and civil servants;

b) Review and submit to the Prime Minister for approval the results of elections for members of provincial-level People's Councils;

c) Assist the Government and the Prime Minister in guiding and inspecting the activities of Provincial People's Councils as prescribed by law. Attend regular meetings of Provincial People's Councils, and when necessary, attend meetings of Provincial People's Committees discussing the building of administration, administrative boundary management, and the full-term and annual work programs of Provincial People's Committees;

d) Guide the implementation of elections for National Assembly deputies and People's Council representatives as prescribed by law;

e) Guide and inspect the operations of People's Committees at all levels regarding operational methods; implementation of policies and benefits for village-level cadres and civil servants;

f) Statistically record the number and quality of People's Council representatives and members of People's Committees at all levels; the number of administrative units at all levels.

7. On territorial boundaries and classification of administrative units:

a) Review and submit to the Government proposals on: establishment of new, merging, dividing, adjusting boundaries, renaming administrative units at all levels; establishment of new, merging, dividing, dissolving special administrative-economic zones directly under the central government; upgrading urban administrative management levels within provinces;

b) Submit to the Prime Minister for decision on the classification of provincial-level administrative units;

c) Decide on the classification of district-level administrative units; guide provincial-level People's Committees in classifying commune-level administrative units.

d) Guide and inspect the implementation of legal provisions on administrative boundary management, division, and adjustment; take the lead in developing solutions for administrative boundary issues to be submitted to the Prime Minister for consideration and decision; compile and report to the Government and the Prime Minister for consideration and resolution of issues not yet agreed upon related to administrative boundaries;

đ) Manage the administrative boundary files at all levels.

8. On personnel management:

a) Decide on the allocation of administrative staff quotas and overseas working staff quotas for organizations under Ministries, ministerial-level agencies, and provincial People's Committees after the Prime Minister approves the annual total state administrative staff quota;

b) Supplement administrative staff quotas for Ministries, ministerial-level agencies, and provincial People's Committees from the reserve staff quota after the Prime Minister's approval;

c) Allocate overseas working staff quotas for organizations of government agencies and staff quotas for associations using state staff after the Prime Minister's approval;

d) Compile and report to the Government and the Prime Minister on the administrative and public service staff quotas of agencies nationwide.

9. On state cadres, civil servants, public officials:

a) Guide, inspect the implementation of cadre leadership and management planning of Ministries, ministerial-level agencies, and government agencies; compile and report to the Prime Minister on cadre planning within the Prime Minister's authority; guide and inspect the implementation of plans, programs for building cadres and civil servants;

b) Guide and inspect the implementation of regulations of the Government and the Prime Minister regarding: recruitment, utilization, promotion, appointment, transfer, evaluation, reappointment, transfer, resignation, dismissal, secondment; discipline, retirement, and other systems and policies for cadres, civil servants, and public officials as prescribed by law;

c) Guide and inspect the implementation of Government regulations concerning titles and standards for cadre leaders and managers from department head level and equivalent up to deputy minister level and equivalent in Ministries, ministerial-level agencies, and government agencies; from department head level and equivalent in district People's Committees to director level and equivalent in provincial Departments;

d) Define rank and rank code; issue and guide the implementation of rank standards; rank structure; personnel file management for cadres, civil servants, and public officials; identification numbers, identity cards, uniforms for cadres and civil servants;

đ) Organize examinations for promotion from Senior Officer rank to Senior Specialist rank; decide on appointments to Senior Specialist rank and equivalent according to authority; cooperate with Ministries, ministerial-level agencies, and government agencies to establish examination question banks for specialized civil servants and public officials; guide conditions to ensure the implementation of graded examination organization for specialized civil servants and public officials; inspect and supervise promotion of civil servants and public officials;

e) Review draft normative legal documents stipulating professional standards, rank structures, evaluation, examination content and form for specialized public officials for issuance by Ministers and Heads of ministerial-level agencies managing specialized public official ranks;

g) Review human resources for cadre leadership and management positions within the Prime Minister's decision-making authority;

h) Implement policies for senior cadres according to assigned tasks and levels;

i) Establish and manage national data on state cadres, civil servants, and public officials, village-level cadres, and cadres within the Prime Minister's decision-making authority; organize personnel file management according to分级授权。||

10. Regarding training and development of state cadres and civil servants:

a) Direct, inspect the implementation of planning and training programs for cadres and civil servants both domestically and abroad, village-level cadres, and representatives of all levels of People's Councils;

b) Guide the Government's regulations on the organizational structure of training and development institutions for cadres and civil servants of Ministries, ministerial-level agencies, government agencies, and provincial People's Committees;

c) Uniformly manage training and development programs for administrative cadres and civil servants, knowledge and skills in state administration for representatives of all levels of People's Councils, and village-level cadres and civil servants;

d) Organize training and development of knowledge and skills in state administration for administrative cadres and civil servants in the internal affairs sector; take the lead and coordinate with Ministries and sectors to organize training and development of knowledge and skills in state administration for representatives of all levels of People's Councils and village-level cadres and civil servants;

đ) Allocate, guide, and inspect the implementation of annual training and development targets after approval by the competent authority; compile and report to the Prime Minister the results of training and development of cadres and civil servants;

11. On salary policy:

a) Guide the implementation of Government and Prime Minister regulations concerning: salary policies (minimum wage; pay scale; rank and grade scales; allowance system; salary and income management); other policies and systems for state cadres, civil servants, and public officials from central to village level; salaries for armed forces and contractual workers in state agencies and public institutions;

b) Guide the classification of rank and grade scales for enterprise management cadres and officers, professional military personnel, and armed forces personnel when transferred or rotated to administrative and public service agencies;

c) Guide and inspect: the implementation of salary policies, allowances, living expenses, and bonuses for state cadres, civil servants, public officials, armed forces, and contractual workers in administrative agencies and public institutions; the promotion of grades for cadres, civil servants, and public officials according to legal provisions; the assignment of salary coefficients when appointing to Senior Specialist rank and equivalent for state cadres, civil servants, and public officials;

d) Serve as the permanent member of the Steering Committee for researching and implementing reforms in the national salary policy;

12. On associations and non-governmental organizations:

a) Assist the Government in uniformly managing non-governmental organizations and associations;

b) Guide the implementation of Government regulations concerning: procedures and formalities for establishment; division, separation; merger; consolidation; dissolution; approval of charters and issuance of permits for associations and non-governmental organizations;

c) Decide on: permission for establishment; division, separation; merger, consolidation; dissolution; approval of charters and issuance of permits for associations and non-governmental organizations with nationwide or inter-provincial activities as prescribed by law;

d) Guide and inspect the implementation of laws and regulations regarding associations and non-governmental organizations; the implementation of charters for associations and non-governmental organizations as stipulated by law;

13. On commendation and rewards:

a) Guide the implementation of Government regulations concerning the criteria, procedures, formalities, and time limits for considering awards and commendation forms; simple commendation forms and models of award items;

b) Organize and guide the implementation of mass movements, commendation policies of the Party and State; guide professional matters related to commendation and reward for various sectors and levels;

c) Review application documents for rewards submitted by agencies and organizations for the Prime Minister's decision or for the Prime Minister to submit to the President for decision according to the law.

d) Define the recovery, issuance, and exchange of award items according to decisions of the competent authority; be responsible for preparing items accompanying commendations by the President, Government, and Prime Minister;

đ) Mobilize funding sources and manage and use the central competition and reward fund; direct, guide, and inspect the management of competition and reward funds at various levels and sectors.

e) Serve as the permanent member of the Central Commendation and Reward Council.

14. Regarding religious affairs:

a) Issue according to authority or take the lead and coordinate with Ministries, sectors, central agencies of political-social organizations, and other relevant organizations in advising the competent authority to issue and implement policies and laws on religion and religious work.

b) Guide professional operations on religious work for relevant sectors and levels and localities;

c) Unify management over the publication of publications, religious books, works, teaching materials, and purely religious cultural products of religious organizations permitted by the State to operate;

d) Implement and guide religious organizations, believers, monks, and religious dignitaries on international cooperation in the field of religion in accordance with the provisions of the law; serve as the point of contact for domestic and international religious organizations.

15. Regarding cryptographic work:

a) Advise the Party and the State in leading and directing cryptographic work;

b) Direct and organize the implementation of strategies, planning, programs, plans, and projects on information security and safety after approval;

c) Unify management, ensure technical and professional expertise in cryptographic work throughout the country; take the lead and coordinate with Ministries and sectors in implementing the policies and guidelines of the Party and the State related to ensuring the safety and confidentiality of state secrets according to the provisions of the law;

d) Assist the Government in unifying state management over civilian cryptography, providing cryptographic equipment and products that meet the requirements for economic and social development for organizations and individuals in need of their use.

16. Regarding archival and record-keeping work:

a) Develop projects and programs on collecting, gathering, organizing, protecting, preserving, insuring, utilizing, and exploiting archival materials and organize their implementation after approval by the competent authority;

b) Guide and inspect state agencies in implementing regulations on document management and archiving;

c) Implement business procedures for collecting, gathering, supplementing archival documents, protecting, preserving, insuring archival documents; organize declassification, publication, introduction, exhibition, display, and organizing access and use of archival documents stored at National Archives Centers;

d) Uniformly manage statistics on document management and archiving throughout the country;

đ) Archive digital information in state agencies;

17. Regarding administrative reform:

a) Develop programs, plans, and proposals on administrative reform in each phase to submit to competent authorities for decision;

b) Advise and propose policies and solutions to promote administrative reform to be decided by the Government and the Prime Minister;

c) Review pilot administrative reform proposals submitted by Ministries, ministerial-level agencies, government agencies, provincial People's Committees under central cities, and submitted to the Prime Minister;

d) Organize the implementation of programs, plans, and proposals on administrative reform in the field of administrative organization;

đ) Guide, monitor, urge, and inspect Ministries, ministerial-level agencies, government agencies, and local authorities in implementing state administrative reform;

e) Serve as the permanent body for administrative reform of the Government.

18. Regarding the implementation of regulations on democracy at the grassroots level:

Guide and inspect the implementation of democratic regulations at communes, wards, towns, and administrative agencies, public service units of the State, and state-owned enterprises according to the provisions of the law.

19. Regarding international cooperation:

a) Guide the implementation of regulations of the Government and the Prime Minister regarding the organization of international conferences and seminars related to the fields of state management of the Ministry; compile and report periodically on international conferences and seminars related to the fields of state management of the Ministry;

b) Manage and organize international cooperation within the scope of state management of the Ministry according to the regulations of the Government;

c) Unify with Ministries, sectors, and localities on the organization of international conferences, national conferences, and seminars chaired by the Prime Minister, Deputy Prime Ministers, and related to the contents and fields of state management of the Ministry of Home Affairs;

d) Lead and coordinate with relevant agencies in cooperation on civil service matters with ASEAN countries;

20. State management over youth work:

a) Take the lead in guiding and inspecting the implementation of legal normative documents, strategies, programs for youth development, and youth work;

b) Guide the integration of mechanisms and policies for youth into planning, programs, and target schemes at various levels and sectors;

c) Summarize, review, and report to the Government and the Prime Minister on the implementation of legal provisions concerning youth;

21. Implement public services in the fields of state management of the Ministry in accordance with the provisions of the law.

22. Inspect, check complaints and denunciations, prevent and combat corruption and negative practices, and handle violations of the law in sectors and fields under the Ministry's state management.

23. Take the lead and coordinate with Ministries and sectors to resolve recommendations from state agencies and political-social organizations as assigned by the Government and the Prime Minister.

24. Guide and inspect the permission for agencies and organizations to use seals and the management and use of seals in accordance with the provisions of the law.

25. Organize and direct the implementation of scientific research plans and the application of scientific research in the fields of state management of the Ministry.

26. Organize and direct the application of technology and information data statistics in the fields of state management of the Ministry.

27. Manage organizational structure and staffing; decide on appointments, reappointments, transfers, rotations, resignations, dismissals, special assignments, rewards, disciplinary actions, termination of employment, retirement, and implement salary systems and other incentive policies for cadres, civil servants, and public officials under the Ministry's management according to the provisions of the law; train and enhance professional knowledge and skills for cadres, civil servants, and public officials within the Ministry's scope of management.

28. Manage finances and assets allocated and organize the implementation of the budget allocated according to the provisions of the law.

2. Department of Maternal and Child Health;

Article 3. Organizational Structure

1. Department of Organization - Staffing.

2. Department of Local Administration.

3. Department of Civil Servants - Officials.

4. Department of Training and Retraining of Civil Servants.

5. Salary Department;

6. Non-Governmental Organizations Department;

7. Administrative Reform Department;

8. Department of International Cooperation.

9. Legal Affairs Department.

10. Planning and Finance Department.

11. General Department;

12. Department of Cadre Organization.

13. Inspectorate of the Ministry.

14. Office of the Ministry.

15. Central Steering Committee for Commendation and Awards;

16. Government Office of Religion;

17. Government Cryptographic Service Agency.

18. National Archives and Records Administration.

19. The Ministry's representative office in Ho Chi Minh City.

20. The Ministry's representative office in Da Nang City.

21. Institute of State Organization Science.

22. Journal of State Organization.

23. Information Center.

24. Training and Development Center for Cadres and Civil Servants.

In this Article, units specified from Clause 1 to Clause 20 are administrative units assisting the Minister in performing state management functions; units specified from Clause 21 to Clause 24 are service units serving the state management functions of the Ministry.

The Departments of Cadre Organization and Staffing, Local Administration, Civil Servants and Public Officials, Planning and Finance, Cadre Organization, Inspectorate of the Ministry, Office of the Ministry, the Ministry's representative offices in Ho Chi Minh City and Da Nang City shall be organized into divisions.

The Minister of Home Affairs shall stipulate the functions, tasks, powers, and organizational structure of subordinate units of the Ministry, except for those specified in Clauses 15, 16, 17, and 18 of this Article.

The Minister of Home Affairs shall submit to the Prime Minister for issuance of decisions stipulating the functions, tasks, powers, and organizational structure of the Central Awards and Honors Board, the Government Religious Board, the Government Cryptographic Service Agency, the General Office of Archives and State Records, and issue the list of other existing service units under the Ministry.

Article 4. Effective date

1. This Decree takes effect 15 days after its publication in the Official Gazette.

2. Repeal Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

3. Provisions regarding the date of expiration of the effectiveness of the following documents:

a) Decree No. 158/2004/NĐ-CP dated August 25, 2004 of the Government on the establishment of the Central Steering Committee for Mobilization and Reward shall cease to be effective when the Prime Minister's decision defining the functions, tasks, powers, and organizational structure of the Central Steering Committee for Mobilization and Reward comes into effect;

b) Decree No. 91/2003/NĐ-CP dated August 13, 2003 of the Government defining the functions, tasks, powers, and organizational structure of the Government Religious Committee shall cease to be effective when the Prime Minister's decision defining the functions, tasks, powers, and organizational structure of the Government Religious Committee comes into effect;

c) Decree No. 140/2003/NĐ-CP dated November 20, 2003 of the Government defining the functions, tasks, powers, and organizational structure of the Government Cryptographic Committee shall cease to be effective when the Prime Minister's decision defining the functions, tasks, powers, and organizational structure of the Government Cryptographic Committee comes into effect;

d) Decision No. 177/2003/QĐ-TTg dated September 1, 2003 of the Prime Minister defining the functions, tasks, powers, and organizational structure of the National Archives and Records Administration shall cease to be effective when the Prime Minister's decision defining the functions, tasks, powers, and organizational structure of the National Archives and Records Administration comes into effect.

4. The Central Steering Committee for Mobilization and Reward, the Government Religious Committee, the Government Cryptographic Committee, and the National Archives and Records Administration shall continue to maintain their organization, seals, accounts, and activities within the scope of the functions, tasks, and powers of units under the Ministry of Home Affairs until the Prime Minister's decisions defining the functions, tasks, powers, and organizational structures of each of these units come into effect.

5. All other provisions contrary to this Decree are hereby abolished.

Article 5. Responsibilities for Implementation

The Minister of Home Affairs, the Ministers, the Heads of ministerial-level agencies, the Heads of agencies under the Government, and the Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree./.